A premises liability lawsuit was successfully resolved on behalf of a woman who suffered serious and long-term brain injuries after being struck by a falling display fixture while shopping inside a retail clothing store.
While casually shopping for clothing during the holiday season, the woman was unexpectedly hit in the head by a heavy metal display frame that fell from an overhead shelf approximately six feet above her. The 35-pound display item had been placed unsecured on the shelving unit, creating a dangerous condition for customers walking below.
Following the incident, a lawsuit was filed against the retailer. During the litigation process, corporate design executives admitted that the display frame had not been properly secured and acknowledged that the setup created a hazardous condition inside the store. Although the precise reason the frame fell could not be definitively determined, evidence showed the display itself posed an unreasonable risk to shoppers.
The woman initially sustained a concussion and a significant head laceration requiring medical treatment. Over time, she developed severe post-concussion syndrome and traumatic brain injury symptoms, including chronic post-traumatic headaches that became resistant to treatment. The ongoing neurological symptoms ultimately interfered with her ability to maintain full-time employment and significantly impacted her quality of life.
Our legal team pursued claims involving negligent store maintenance, unsafe retail display practices, and failure to protect customers from dangerous overhead hazards. The matter ultimately resolved through a substantial settlement.
Gross settlement: $2,200,000. Attorney’s Fees: $880,000. Case Expenses: $46,828. Net to client: $1,273,172.
